ADR or Alternative Dispute Resolution is the procedure for resolving disputes without litigation, using arbitration, mediation, or negotiation as a means to a fair settlement.
[/vc_column_text][/vc_column][vc_column width=”1/2″][vc_single_image image=”137″ img_size=”medium” style=”vc_box_shadow_3d”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]ADR procedures are typically less costly and more rapidly settled. Cases such as divorce, child custody, labor disputes and personal injury claims that would otherwise result in litigation, are being handled more and more with ADR. Why?
ADR proceedings are usually collaborative and allow both parties to understand the other’s position. ADR can allow each party to come up with a more creative resolution that litigation may not legally be allowed to institute.
Hearing – A proceeding where a mediator-type person will make a ruling based on arguments and evidence presented.
Mediation – the attempt to help parties in a disagreement to hear one another, to minimize the harm that can come from a disagreement to maximize any areas of agreement. To help find a way of preventing the areas of disagreement from interfering with the process of seeking a compromise or mutually agreed outcome.
When should seek an ADR attorney?
Binding and Non-Binding Agreements – Binding decisions are rulings that the parties must abide to whether or not they agree with them. Non-binding decisions are rulings that the parties may choose to ignore.
Arbitrator – An impartial person, who after hearing both sides of an issue, has the authority to resolve a dispute.
Arbitration – the technique for resolutions for disputes outside the courts. The parties in a dispute refer it to arbitration and agree to be bound by the arbitration decision. A third party reviews the evidence in the case and imposes a decision that is legally binding for both sides and enforceable in the courts.
Even though Alternative Dispute Resolution can defer stress, legal fees and the formality of the courts, clients may still hire a lawyer to represent their best interest. You may want to also seek advice before your first ADR proceeding. With all legal disputes, you should hire an attorney who has experience in your particular legal issue.
If you have divorce and family law questions, contact PJ Hartman. You will find a lawyer who is an advocate dedicated to helping you reach your goals and removing as much stress from your life as possible. To schedule a consultation, call 505-247-3335 or toll free at 888-710-0130.